CONSERVATORY/BOUNDARY/RIGHT OF WAY

KEMYST

Can someone help me, please. I am confused about the application of the 45 and 25 degree rules. I have complained to my local PD that next doors single storey very obviously breaks both of these rules. The conservatory that they have had permission for is actually bisected by the 45 line, it is so far over. I have sought an explanation from PD for this and they seem to be saying that;

(a) The rule is not mandatory and is guidance only. Thus they do not need to apply it.
(b) That somehow the rule is applied differently to terraced houses when compared to detached and semi-detached.
(c) That it only applies to two storey extensions.

This extension will be so overbearing it has to be seen to be believed, But they have told be that the impact will not be significant

KEMYST

The dotted lines represent the proposed new extension.

Soot2006

Is the metal gate  their ROW  over your patio with their own garden behind yours? Any resolution on the door opening?

KEMYST

Yes that is correct. We can get no written statement about the door.

Norman_Castle

KEMYST said:

Yes that is correct. We can get no written statement about the door.

The only statement thats needed is you stating it not going to happen. The black fence on top of the wall looks very high. Will you be able to see the new conservatory from your patio?

KEMYST

The reason the fence appears so high is that their garden is about 600mm higher than ours. Yes, we will be able to see it over the top of the fence but the PD have decided that the impact will not be `significant`. They actually told me that they had to consider what would be  allowed under `permitted development` and consider the `excess` from there. 

Slinky

Is the gate yours or the neighbours? It would appear to be opening over your land at the moment in a similar way to their proposed door?

KEMYST

Below is the reply we had. Thanks for all your help.

[iGiven that the proposed structure is only single storey then 45 degree code/guidance is not something that I would consider applicable in this instance. The Neath/ Port Talbot document that you referred to has specific guidance in relation to extensions to terraced properties and this, as an example, does not refer to the 45 degree code/guide but rather it is included in their guidance for extensions to detached and semi-detached properties.

In addition, when considering the suitability of any development ,we ,as planning officers will also be mindful of what could be carried out under permitted development rights both in terms of an extension or an outbuilding, and a consideration of this “ fall-back” position is something that all officers take account of . For example the tolerances for an outbuilding that could have been built directly behind your property right up to the boundary allow for a building to height of 2.5m to be built without the need for planning permission , which is greater than the eaves height(2.4m) of the approved conservatory.

Section62

KEMYST said:

Can someone help me, please. I am confused about the application of the 45 and 25 degree rules. I have complained to my local PD that next doors single storey very obviously breaks both of these rules. The conservatory that they have had permission for is actually bisected by the 45 line, it is so far over. I have sought an explanation from PD for this and they seem to be saying that;

Have they already been given formal planning consent for the new/extended conservatory?  If not, are they in the process of applying?

The responses you've had from the planning authority are what I would expect them to say.  Most planning 'rules' aren't absolute, they are more like of a form of guidance.  Each application has to be considered on its own merits, and the final decision is very often based on a subjective opinion unique to the situation.


Looking at the picture you've posted, is the access to the public area(s) (street/road/footpath) somewhere to the right?  So the RoW allows the neighbour to cross from their conservatory to an 'external' boundary gate?

If so, have either of you considered putting a new gate somewhere in the boundary wall between you (and positioned closer to the 'external' gate) so they would have an altered right of way starting from their garden, rather than from the conservatory?

This would deal with the outward-opening door problem, and save the neighbour the cost of installing two doors in the conservatory.

There would be a cost involved in tidying up the legal paperwork, and a cost for the new gateway, but the end result would be more sensible from a practical point of view and means a little more privacy for your patio area rather than having to arrange it to maintain the RoW.

If the neighbour has designed their conservatory around the fixed point of the existing RoW door then they probably haven't got an optimal design - either internally, or overall.

Slinky

^^ Very good point